Those general terms and conditions apply to the contracts concluded through the online shop Voono located on the website interface www.voono.cz (hereinafter referred to as “web interface”) between our company Voono Ltd. and you, the customer.
With a buying contract we commit to supply you with the goods specified in the order, and you agree to accept the goods (either in person or by carrier) and pay the purchase price specified in the order. The purchase price (or just “price”) includes costs associated with the delivery of the goods and any fees associated with the payment method. These costs will always be communicated before the mandatory consignation of the order.
You acquire ownership of the goods by paying the full purchase price before taking over the goods.
Does the buying contract apply only to the goods?
The buying contract (or just “Contract”) refers to any contract entered into pursuant according to these terms and conditions. Thus, for example, it can even apply to a service contract.
Is the buying contract a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person purchasing the goods. Otherwise, it is not a consumer contract and consumer protection laws do not apply to you according to the terms and conditions, which apply to you.
What are your specific consumer rights?
As a consumer you primarily have:
the right to withdraw from a contract concluded by means of distance communication, eg. telephone, e-mail or online store (Article 5 of these terms and conditions)
– warranty claim on unused consumer goods in 24 months (warranty claims are governed by the Complaint procedure arrangement)
– the right to information disclosure before concluding the contract (information contained in these terms and conditions or on the web interface).
What does our legal relationship conform to?
Our legal relationship conforms to the following documents:
- The terms and conditions that define and refine our mutual rights and obligations in case you are a consumer; Terms and conditions for wholesale apply for the relations with the non-consumers
- Complaint Procedure, under which we will proceed for complaints
- Conditions of web interface use that govern the registration on the web interface, the protection of your personal data, content protection within the web interface and some other relations associated with the use of the web interface
- conditions and instructions given on the web interface, especially when concluding contracts
- The order and its acceptance from our side
issues are also not regulated by the following legislation:
Law no. 89/2012 Coll., Civil Code, the effective amended (hereinafter the “Civil Code”)
Act no. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
If your residence is outside the Czech Republic or our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the legal order of your country of residence provides a higher level of consumer protection than the Czech legal order, you are provided by this higher level of protection.
How do you convey agreement with the terms?
By sending an order confirmation and confirming on the web interface you acknowledge that you are familiar with the terms and conditions and agree with them.
The business conditions may be modified or supplemented. Your rights and obligations are governed by the business terms, which arose under their effectiveness.
How do we conclude a buying contract?
On the web interface, there is a list of goods including a description of the main characteristics of the individual items. For each product listed the price is inclusive of all taxes, duties and charges (i.e. even including recycling fee). The product presentation is informative, and it is not our proposal for concluding a contract under § 1732, paragraph. 2 of the Civil Code. For the conclusion of the contract, it is necessary to send the order, and that the order is accepted from our side.
How do you place an order?
You can always submit an order through the web interface (filling out the form) or by telephone, e-mail or any other means, which are allowed according to the current information contained on the web interface.
The order must contain all the information required on the form, in particular the precise identification of the goods ordered (or numerical description of goods), number of pieces, chosen payment method and shipping, your contact details (delivery and possibly billing).
Before submitting a binding order you will be communicated with a recap of the order including the final price (depending on the shipping method selected and payments). We recommend checking your particular type and quantity of goods, e-mail and delivery address. The order recap is your last chance to change the data entered.
Submit a binding order by pressing. The data referred to in the binding order are considered to be correct and complete. In case of their change contact us immediately by phone or e-mail.
We will inform you about the receipt of the order. The information (confirmation) about the order receipt is sent automatically and does not constitute acceptance of orders from our side, unless confirmation is explicitly stated.
If we have doubts about the authenticity and seriousness of the order, we will contact you with the purpose of verification. We can reject an unauthenticated order. Such order is perceived as not filed.
When is a contract concluded?
The buying contract is concluded at the moment when you receive a receipt of an order from our side. Acceptance of the order will be sent to the e-mail address that you specified in the order. In case the order is not accepted, the contract is concluded at the moment when you pay the entire purchase price or accept the ordered goods (whichever occurs first). The order acceptance may be part of the information on the receipt of an order according to an Article.
Information about individual technical steps leading to the contract are clear from the web interface.
Can you cancel an already sent order?
The order, which we have not yet accepted (i.e. you have not been emailed a receipt of the order from us according to the Article All orders accepted by us are binding. Later cancellation of an order is possible only after a consultation with us. In case an order of a product whose contract does not allow contract withdrawal is cancelled this way (detailed in Article 5), we are entitled to reimbursement of expenses that we have put forth in connection with the contract.
Can the price stated on the web interface be changed?
Prices of goods presented and prices for packaging, transport and delivery remain valid as long as they are displayed on the web interface. Any discounts on the price of goods can not be combined, unless it is explicitly stated otherwise on the web interface.
In case there is an obvious technical price error on our side on the web interface or during the order, we are not obligated to deliver you the goods for this obviously incorrect price, even if you were an order receipt according to the terms and conditions. In this case, we reserve the right to withdraw from the contract.
If the price indicated for the goods on the web interface or during ordering is obsolete, you will be immediately informed. If your order has not been yet received, we are not obliged to conclude the contract.
There will be no affect on the price of orders that occurred in the interval between sending an order and its acceptance by us according to Article
Can you get a contract in a written form?
The contract is not concluded in writing with the signatures of the parties. The contract includes the following terms and conditions, your order and its acceptance by us. The entire contract will be sent by e-mail or printed and sent by mail on your request. When posting, we can apply for reimbursement of the costs involved.
What if you don’t understand something in the contract?
If case of questions about the terms and conditions or the contract, you can contact us by phone or via e-mail. We will provide all the necessary information.
In what languages can the contract be concluded?
The contract can be concluded in the Czech language, unless explicitly agreed on another language.
Is the contract saved somewhere?
The contract (including these terms and conditions) is maintained in electronic form. The contract is not accessible to third parties but will be sent to you if requested.
What payment methods do we accept?
The purchase price can be paid mainly in the following ways:
Cashless transfer to our bank account before the good delivery (guidelines will be presented in the order confirmation).
Any other methods of payment listed on the web interface.
Some forms of payment (cash on delivery in particular) may also be charged. These fees are listed on the web interface. The order will always include the final price, which already included the charges related to the payment method involved.
When is the purchase price due?
In case of cash payment, payment is due upon the receipt of goods. In case of cashless payment before delivery the price is payable within five days from the receipt of an order under Article 2.3. Your obligation to pay the price when choosing cashless payment is met at the time when the appropriate amount of money is added to our bank account.
In what currency do you pay?
Payment of goods can be made in Czech Crowns (CZK).
When can we ask for a deposit or payment in advance?
We can demand a deposit of the purchase price especially for orders with a total value of 5,000 CZK.
We may ask you to make a payment of the full price of the goods before sending it or forwarding it (§ 2119 paragraph 1 of the Civil Code does not apply).
TERMS OF DELIVERY
How do we send the goods?
Methods of delivery of the goods are listed on the web interface. You can choose a particular delivery method in the order. If you do not choose a shipping method you select we can do it ourselves.
What are the costs of delivering the goods?
Costs for supplies always depend on the size and nature of the goods and the price list of the selected carrier. Actual costs of good delivery are listed on the web interface.
The order will always include the final price, which already includes the cost of the delivery method.
When will we deliver the goods?
The delivery time will always depend on the goods availability and on the chosen transport and payment method.
If goods are in stock, we will prepare them for the carrier or a personal collection within five working days of the order receipt (at cash on delivery or personal collection), or the payment is credited to our account (at cashless payment).
If goods that are not in stock, we will pass them to the carrier as soon as possible. We will inform you about the exact date.
Please note that we cannot control the time of delivery of the goods by external carriers. Any complaints regarding delivery times should be addressed directly to the carrier.
Delivering the goods in accordance with these terms and conditions is the moment when the goods are delivered to you. If you unreasonably refuse to accept the goods, it is not considered to be a delivery failure of the goods on our part, nor a withdrawal from your side.
How to proceed while receiving the goods?
While receiving the goods, check the integrity of the package. If you find defects, notify the carrier and us immediately. If you refuse a shipment with damaged packaging, it is not deemed as an unreasonable refusal of the goods.
By signing the delivery note (or a similar document), you acknowledge that the packaging has not been disturbed. Complaints about goods with damaged packaging are no longer possible in this case.
Upon the receipt of the goods (or a moment when you had an obligation to accept the goods, but on contrary to the contract you have not done so), you take on the responsibility for accidental destruction, damage or loss of the goods.
What happens if you fail to accept the goods?
If for any reasons from your party we must deliver the goods repeatedly or otherwise than in the agreed manner, you must pay the costs associated with such delivery.
In case you fail to accept the goods with no reason, we are entitled to reimbursement of costs associated with the delivery of goods and storage, as well as additional costs to us due to non-acceptance of the goods. These costs do not exceed 10, – CZK for each day of storage. Storage costs can reach a maximum total amount of 500, – CZK or the amount of the purchase price if it is lower than 500 CZK.
Furthermore, in this case we have the right to cancel the contract.
WITHDRAWAL FROM THE CONTRACT
How can you cancel the contract?
You can cancel the contract within 14 days from the receipt of the goods; in case the supply is divided into several parts, from the date of receipt of the final delivery. Notice of withdrawal from the contract is advised to be sent to our mailing address or e-mail. You can use the withdrawal model form. An acceptance notification will be confirmed with no delay.
Withdrawal from the contract does not need to be justified.
What are the consequences of contract withdrawal?
The withdrawal from the contract is canceled and it is perceived as it had never been concluded.
When any of the goods were given as a gift, the gift agreement shall cease to termination of effectiveness of the contract by either of the party. You will send us back the gift along with the returned goods.
When can you not cancel the contract?
In accordance with § 1837 of the Civil Code it is not possible to withdraw from the following agreements:
the supply of goods that have been adjusted according to your wishes or your person;
the supply of audio or video recordings or computer program, if you have violated their original packaging.
How can you return the goods?
You are obliged to return the goods within 14 days of withdrawal to our mailing address, to any of our establishments or the address of our office. Do not send goods as cash on delivery. We are not obliged to accept it.
Returned goods must be undamaged, unworn and uncontaminated and, if possible, in the original packaging.
To the returned goods, we recommend you attach:
a copy of the delivery note and invoice if these documents were issued, or other documents proving the purchase of goods
a written statement of withdrawal (in our form or otherwise) and the selected method of refund (bank transfer, personal delivery in cash or postal order or otherwise). Include mailing address, phone and e-mail.
Failure to submit any of the documents mentioned above shall not preclude a positive process for your withdrawal under legal conditions.
When will you get your money back?
All funds received will refund within 14 days from the withdrawal. Please take note that we are not obliged to return the money before you return goods or prove that you sent us the goods.
Besides the purchase price you are also entitled to reimbursement of costs to deliver goods to you. However, if you chose a different shipping than the cheapest shipping method that we offer, we will refund the costs of delivering the goods in the amount corresponding to the cheapest offered ways of delivery.
Money will refund:
You pay the costs associated with the shipment of returned goods to our address even if the goods can not be returned by the usual postal route.
What if the returned goods have been damaged?
When sending back the goods, use suitable packaging so they do not get damaged or destroyed. We cannot provide refund of the purchase price and the costs of delivering the goods (or part thereof corresponding to the damage suffered) for goods substantially damaged or destroyed during transport due to improper use of packaging the purchase price and the costs of delivering the goods (or part thereof corresponding to the damage suffered).
If we find that the returned goods are damaged, worn, dirty or partially consumed, we have a right to a claim for damages. The entitlement to a compensation can be unilaterally figured in against your claim for refund of the purchase price and the cost of delivery, i.e. you will be refunded the amount minus the damages.
When can we withdraw from the contract?
We reserve the right to withdraw from the contract in the following cases:
There was a technical error in the web interface that clearly showed an errored price of goods (Article 5 of terms and conditions)
The goods (mainly because the goods are no longer produced, the supplier ceased to supply to the Czech Republic etc.) are not possible to be supplied for objective reasons under the original conditions of supply;
performance becomes objectively impossible or illegal.
In case of the occurrence of any of the foregoing, we will inform you immediately about our withdrawal. The resignation is effective the moment you receive it.
If you have fully or partly paid the purchase price, we will refund the amount received using a bank transfer to an account that you will provide to us for this purpose, or from which you made the payment. The money will be returned within five days of withdrawal from the contract.
RIGHTS OF UNSATISFACTORY PERFORMANCE
Your right of unsatisfactory performance is governed by the relevant legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2158 to 2174 of the Civil Code).
While exercising the rights of unsatisfactory performance we will proceed operation in accordance to our Complaint procedure. Before sending a complaint read the Complaints regulations thoroughly so we can resolve the complaint quickly and to your satisfaction.
What permissions do we have to exercise our activities and who controls us?
The sale of the products is authorized by a trade license. Our activity is not a subject to any other permissions.
Trade inspection is carried out under the authority of the Trade Office. Enforcement of legislation on technical requirements for products and the safety of the safety products if effected by the Czech Trade Inspection (http://www.coi.cz/). The Czech Trade Inspection also performs monitoring of compliance with the consumer protection rules. Consumer rights are also advocated by their interest groups and other stakeholders that protect them.
How do we handle complaints?
Any complaints are handled through our e-mail contact. Additionally, you can contact the bodies referred to in Article 7.1. In relationship to our customers, we are not bound by any code of conduct and do not comply to any of them.
What else should you know?
Contracts are concluded by distance communication (especially the Internet). You pay for any costs incurred in using the means of distance communication (especially the cost of Internet access or phone calls). These costs do not differ from the normal rate.
Unless agreed otherwise, all correspondence related to the contract between us takes place in writing, either by sending an e-mail, by registered mail or personal delivery. From our side, we will deliver to the email address specified in the order or in your user account.
In case any provision of these terms and conditions is invalid, ineffective or unusable (or becomes) there will be used a provision that its purpose is the closest to invalid, ineffective or unusable provisions instead. The invalidity, ineffectiveness or unavailability of one provision shall not affect the validity of the remaining provisions. Modification or amendment of the contract (including terms and conditions) can only be done in writing.
These term and conditions are valid and effective from November 28, 2016.
Those general terms and conditions for wholesale apply to the contracts concluded through the online shop Voono located on the website interface www.voono.cz(hereinafter referred to as “web interface”) between our company
VOONO Ltd., headquartered at Žitomírska 12 Praha 101 00
ID: ICO: 05108934,
registered in the Register of Companies maintained by the Municipal Court in Prague, Section C, insert 233659
Ke kohinooru 16
Prague 155 00
Phone number: 777 298 349
as the seller
1. Introductory provisions
- The terms and conditions define and specify the basic rights and obligations of the parties in the contract of sale of goods or other contracts contained herein (corporately, the “Agreement”) through the web interface.
- Provisions of the conditions are an integral part of the contract. Provisions diverging from commercial terms can be agreed upon in the contract. Different arrangements of the contract prevail over the provisions of the trade conditions. The trading conditions may be changed or supplemented by the seller. The rights and obligations of the contracting parties are governed by each term and condition, under whose effectiveness they arose. The rights and obligations of the parties shall be governed by the Complaint Procedure, Conditions of web interface usage and conditions and instructions given on the web interface, especially when concluding contracts. Issues that are not regulated by the relationship between the parties are governed by legislation, especially Act no. 89/2012 Coll. Civil Code, as amended (the “Civil Code”).
- The contract and the terms and conditions are written in the Czech language. The contract can be concluded in the Czech language, unless the parties expressly agree on a different language.
- These terms and conditions apply to buyers who are entrepreneurs and legal persons. For contracts concluded with the consumer the terms and conditions for retail apply. In matters not governed by these terms and conditions for wholesale relationships are governed similarly under the conditions presented in the terms and conditions for retail trade, except for provisions of consumer protection.
- By sending an order, the buyer confirms he became acquainted with these terms and conditions and the General Terms and Conditions for retail.
2. Order and contract conclusion
- On the web interface, there is a list of goods including a description of the main characteristics of the individual items. For each product listed the price is inclusive of all taxes, duties and charges (i.e. even including recycling fee). The product presentation is informative, and it is not our proposal for concluding a contract under § 1732, paragraph. 2 of the Civil Code. For the conclusion of the contract, it is necessary to send the order, and that the order is accepted by the seller.
- The buyer places the order through the web interface or telephone or e-mail communication. The order must always contain the name of the ordered goods (or numerical description of goods), the number of items chosen, the payment and shipping method and contact information of the buyer (name and surname or company name, identification number, mailing address, telephone number e-mail address). The buyer is also obliged to prove that he is an entrepreneur, and by sending a copy of a trade license or other license or certificate from the Register of Companies to the contact e-mail of the seller.
- The seller is not obliged to confirm the receipt of the order. An unconfirmed order is not binding. The seller is entitled to verify the order in case of doubt about the authenticity and seriousness of the order. The seller may refuse an unverified order.
- The contract is concluded at the moment when the buyer has been delivered the acceptance of a binding order by the seller. In case it is not accepted, the contract is concluded at the moment when the buyer is paid the entire purchase price.
- In case of cancellation by the buyer, the seller is entitled to a cancellation fee of 50% of the price of goods.
3. Terms of delivery
- The seller must deliver the goods to the buyer in the agreed manner, properly packaged and provided with the necessary documents. The necessary documents are in particular instruction manuals, certificates and other documents necessary for the acceptance and usage of the goods. Unless agreed otherwise, the documents are provided in the Czech language.
- Based on the agreement between the parties, the seller may provide transport and insurance of the goods during transport to the buyer. The price of transport and insurance must be paid by the buyer under applicable fare carrier. The delivery of the goods is perceived to be the handover of the goods to the first carrier. By delivering the goods to the buyer, the buyer obtains the risk of damage to the goods.
- Before taking over the goods, the buyer is obliged to check the integrity of the package and notify the carrier about any defects. A protocol will be written about the defects. If no protocol is written about the defects, the buyer loses the claims arising from the damaged goods packaging.
- Immediately upon the receipt of the goods the buyer is obliged to inspect the goods and is in particular obliged to check the quantity of the goods and their completeness. In case of any discrepancy the buyer is obliged to notify the seller without undue delay, but no later than two working days from the receipt of the goods. Identified defects must be appropriately documented by the buyer and the documentation must be sent to the seller along with the defect notification.
4. Terms of payment
- The buyer has the option to pay the purchase price of the goods to the seller in addition to other methods listed on the web interface or individually agreed and in one of the following ways
- in cash on cash on delivery or personal collection;
- Cashless to our bank account before the goods transport (guidelines will be presented in the order confirmation).
The seller is entitled not to allow payment of the goods after the delivery. This payment method is usually reserved for regular customers. Unless otherwise agreed, the invoice will be attached to the goods along with the delivery note.
- When paying in cash the price is payable upon the receipt of goods. When cashless payment price is payable within five days from receipt of the order, unless the parties agree otherwise. The buyer fulfils to pay the price of goods in cashless payments at the time the appropriate amount arrives to the seller’s account.
- Failure to comply with the due date in accordance with these terms and conditions will mean that the buyer will charged interest amounting to 0.5% of the outstanding amount for each day of delay. The seller’s right for compensation for the damage that occurred from the buyer delay remains unaffected.
- In case the buyer delays the goods payment, the seller is also entitled to suspend further agreed deliveries of goods until the moment of payment of all outstanding buyer obligations.
- Payment of goods can be made in Czech Crowns (CZK).
5. Withdrawal from the contract
- Until the goods are received by the buyer, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price that has been paid by the buyer, by using a bank transfer to an account that was provided to him for this purpose by the buyer or the account from which the funds were credited to the payment of the purchase price (if the buyer does not provide one within 5 days from the withdrawal).
- The seller is also entitled to withdraw from the contract if the buyer is in arrears with payment of the purchase price of the goods for longer than 4 weeks.
- The buyer is entitled to withdraw from the contract if the seller is delayed in delivering the goods for longer than four weeks from the agreed delivery date.
- The buyer is not entitled to withdraw from the contract for the goods that were delivered properly, on time and without defects.
- The withdrawal must be in writing and in cases of contracts concluded by electronic means, also electronically. Withdrawal from the contract is effective from the delivery of the notice of withdrawal to the other party.
- When he was with the goods given gift, gift agreement shall cease to withdrawal from the contract by either party effectiveness.
6. Rights of unsatisfactory performance
The conditions of the rights to exercise the unsatisfactory performance and warranty liability is governed by the Complaint Procedure of the seller.
7. Protection of trade secrets and and trade policies of the seller
- When negotiating the contract and its performance, information that is identified as confidential or whose confidentiality results from their character may be disclosed to the buyer. In particular, the buyer undertakes the following information:
- keep it confidential;
- withhold it without the consent of the seller to any other person;
- not to use it for any purpose other than to fulfill the contract;
- not use it in any other damaging way.
- Furthermore, the buyer agrees to not to make copies of documents supplied to him by the buyer without the consent of the seller.
8. Final provisions
- If the relationship associated with the web interface usage or the legal relationship of the contract includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
- If any provision of the terms and conditions is invalid, ineffective, unusable, or becomes that in the future, a provision whose meaning is closest to the invalid provision becomes effective. The invalidity or ineffectiveness or unavailability of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the contract or terms and conditions are required to be written form.
These term and conditions are valid and effective from November 28, 2016.